Davis v. Lee
Mississippi Supreme Court
In error from the circuit court of Wilkinson county; Hon. W„ P. Harris, judge. The facts are contained in the opinion of the court. If Lee claims title through Davis, he is liable to every defence, ' for fhe indorsement is in blank, and he is the immediate in-dorsee of Davis. 4 Hal. 144; Story, Notes, § 138. The intent of the party is to govern.
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In error from the circuit court of Wilkinson county; Hon. W„ P. Harris, judge. The facts are contained in the opinion of the court. If Lee claims title through Davis, he is liable to every defence, ' for fhe indorsement is in blank, and he is the immediate in-dorsee of Davis. 4 Hal. 144; Story, Notes, § 138. The intent of the party is to govern. That measures his obligation, and such intent may be shown by parol. 14 Verm. 228; 11 Conn. 213, 389, 440; 4 Pick. 312, n. 1; 2 Conn. (2d series) 382; 1 lb. 317; 4 Pick. 386; 3 Scam. 497; 1 Nott & McCord, 128; 17 Wend. 214. The law implies knowledge…
1Opinion of the CourtJustice Handy
This was an action of assumpsit brought by the defendant in error against the plaintiff in error, as the indorser of a promissory note, under the following state of facts.
T. O. Starke, being the holder of a note of the same amount and maturity as the note sued on, made by Smith, and payable to and indorsed by Davis, offered it to Lee in a settlement between them. Lee agreed to receive the note, 'but requested that it might be so changed as to be made payable in the city of New Orleans. Starke forwarded the note to Smith, for the purpose of having it so changed, or another to be made of the…
2Cases cited5 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- Violett v. PattonSupreme Court of the United States · 1809
- Dean v. HallNew York Supreme Court · 1837
- Martin Pleasants & Co. v. GlasscockMississippi Chancery Courts · 1843
3Cited by6 opinions
- Vander Ploeg v. Van ZuukSupreme Court of Iowa · 1907
- Johnson v. LaflinU.S. Circuit Court for the District of Eastern Missouri · 1878
- Simmons v. Atkinson & Lampton Co.Mississippi Supreme Court · 1892
- Bank of Crystal Springs v. First Nat. BankMississippi Supreme Court · 1983
- Bronson v. StetsonMichigan Supreme Court · 1930
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